Summary: We cannot investigate Mr X’s complaint about the Council’s handling of his children’s case between 2023 and 2024. The complaint is late and the law prevents us from investigating anything that is or has been the subject of court proceedings.

The complaint

1. Mr X complains the Council closed a safeguarding case concerning his children without considering information from him. When he sought clarification about why the case was closed, he received limited information, which made it difficult for him to pursue a complaint. He says court proceedings have been ongoing since 2021, and he has had no contact with his children for several years and has not been given clear reasons why.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X’s complaint relates to th Council’s action following a safeguarding concern and, more broadly, to his lack of contact with his children.
8. The Council told us it would not consider his complaint now because it was about events that happened over 12 months ago and is linked to court proceedings. This is a decision it was entitled to make.
9. We will not investigate Mr X’s complaint because it is late, the events complained about occurred in 2023/2024, and Mr X did not bring his complaint to us within 12 months. Even if we exercised discretion to investigate it now, the law prevents us from becoming involved in matters that are or have been the subject of court proceedings.
10. Any arrangements about care and contact of children is a private matter between the people who have parental responsibility. Where those people cannot agree on those arrangements, only the court has the power to intervene and make decisions about what arrangements would be in the child(ren)’s best interests and on any matters of dispute.

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Final decision

11. We will not investigate Mr X’s complaint because it is late and the law prevents us from investigating anything that is or has been the subject of court proceedings.

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Investigator's decision on behalf of the Ombudsman